Digital Banking Terms & Conditions - Eastern Savings and Loans

Terms and Conditions Governing EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area

EASTERN SAVINGS & LOANS CREDIT UNION LTD provides services to the Member through EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area, subject to the Member’s acceptance of the terms and conditions set out below.

Definitions

Words in bold print in this Definitions Clause have the meanings respectively set under them when used in this Agreement and, where the context admits, the singular form shall include the plural form and vice versa.
Account
An account denominated in Pounds Sterling (whether in sole or joint names) maintained with EASTERN SAVINGS & LOANS CREDIT UNION LTD and designated by the Member as an account which may be utilised in availing of the Members’ Area service.

Member
A person who maintains an Account with EASTERN SAVINGS & LOANS CREDIT UNION LTD.

Agreement
The agreement concluded between EASTERN SAVINGS & LOANS CREDIT UNION LTD and the Member for the purposes of receiving any of the Members’ Area Services through EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area which consists of (1) these Terms and Conditions and (2) the Privacy Policy appearing on the Website from time to time. In the event of any conflict or ambiguity between any of these documents, then these Terms and Conditions will prevail.

EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area
The online system made available by EASTERN SAVINGS & LOANS CREDIT UNION LTD for approx. 24 hours a day to enable the Member to access and utilise Services via the internet and/or other internet technology-based telecommunication media by accessing the Website.

Members’ Area Services
The services which EASTERN SAVINGS & LOANS CREDIT UNION LTD will supply, at its discretion, to a Member from time to time through EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area which may include (without limitation) allowing a Member to: (a) access to information on an Account, including the balance of, and details of recent transactions on, the Account; (b) apply for or access personal loan facilities; (c) access balance and other statement information in relation to other EASTERN SAVINGS & LOANS CREDIT UNION LTD services provided to the Member;

Business Day
A day on which EASTERN SAVINGS & LOANS CREDIT UNION LTD is open for general business “non business day” shall be construed accordingly.

Credit Union
A credit union for the purposes of the Credit Union Act 1997.

Member Service Adviser
An employee or agent of EASTERN SAVINGS & LOANS CREDIT UNION LTD authorised to provide assistance to the Member in relation to the Member’s use of EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area.

Pounds Sterling
The official currency of the United Kingdom, its Crown Dependencies and British Overseas Territories.

Mandated Account
An Account or any third party account maintained with EASTERN SAVINGS & LOANS CREDIT UNION LTD, or with a credit institution other than EASTERN SAVINGS & LOANS CREDIT UNION LTD, designated by the Member for receipt of funds through the EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service.

Nominated Account
Such of the Accounts as are designated by the Member for access through the EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service.

Non-Business Day Period
Any non-business day or consecutive non business days preceding a Business Day, e.g. Sunday would constitute a Non-Business Day Period where Monday is a Business Day.

Personal Identification Number (“PIN”)
The personal identification number, consisting of five digits, allocated to the Member by EASTERN SAVINGS & LOANS CREDIT UNION LTD for use in conjunction with the Membership Number or which the Member chooses, with EASTERN SAVINGS & LOANS CREDIT UNION LTD’s consent, through EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service.

Privacy Policy
The document called “Privacy Policy” published on the Website from time to time.

Membership Number
The Membership Number allocated by EASTERN SAVINGS & LOANS CREDIT UNION LTD to the Member in connection with EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area.

Self-Service Facility
The fully automated facility available to the Member in connection with EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service which enables the Member to access and utilise the Services attaching to this facility.

Terms and Conditions
The terms and conditions governing the provision of the EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area to the Member, which are set out in this document, and such other terms and conditions as may be added to or substituted for them from time to time pursuant to the Agreement.

Member
The Account Holder to whom (or, in the case of joint Accounts, to each of whom) is issued a Membership Number and PIN.

Website
Any page containing the URL secure.eslcu.co.uk

Use of EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area

1. Availability and Security

1.1 EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Services are made available to a Member by EASTERN SAVINGS & LOANS CREDIT UNION LTD in respect of Accounts in EASTERN SAVINGS & LOANS CREDIT Union.

1.2 EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area (including the Services delivered through it), the Membership Number and PIN must be used by the Member strictly in accordance with this Agreement.

1.3 (a) The PIN (if requested) will be provided by EASTERN SAVINGS & LOANS CREDIT UNION LTD direct to the Member. The Member must not disclose the PIN whether directly or indirectly, to any other person (including, but not limited to, any account aggregation service provider). Should the Member know or think it possible that the Membership Number or PIN has become known to any other person the Member shall immediately effect a change to the PIN through EASTERN SAVINGS & LOANS CREDIT UNION LTD.

(b) The Member shall disconnect and exit EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service when not availing of the Services.

2. Equipment

2.1 The equipment necessary for the Member to access EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service shall be provided and be maintained by and at the expense of the Member and EASTERN SAVINGS & LOANS CREDIT UNION LTD may change the requirements for such equipment from time to time.

3. Indemnity

3.1 The Member undertakes to EASTERN SAVINGS & LOANS CREDIT UNION LTD to comply strictly with this Agreement. The Member acknowledges that his or her compliance with this Agreement is designed to minimise the risk of unauthorised use of EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service. The Member agrees to indemnify EASTERN SAVINGS & LOANS CREDIT UNION LTD in full in respect of any loss or damages which may arise to EASTERN SAVINGS & LOANS CREDIT UNION LTD, the Member or any third party as a consequence of the Member’s non-compliance with this Agreement.

4. Instructions

4.1 EASTERN SAVINGS & LOANS CREDIT UNION LTD shall be entitled, but not obliged, to record all communications from, or instructions given by, the Member to EASTERN SAVINGS & LOANS CREDIT UNION LTD, or messages sent by EASTERN SAVINGS & LOANS CREDIT UNION LTD to the Member through EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service.

4.2
(a) The Member shall ensure that all information held by EASTERN SAVINGS & LOANS CREDIT UNION LTD and shown on the Member’s Area for the purpose of funds transfers is correct. The Member shall ensure that any account number and/or sort code are correct and are those for their intended recipient. EASTERN SAVINGS & LOANS CREDIT UNION LTD is entitled to rely on any instruction to make a transfer from the Member using EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area, and, for the avoidance of doubt, the processing by EASTERN SAVINGS & LOANS CREDIT UNION LTD of any such confirmed instruction shall be final and binding on the Member.

(b) EASTERN SAVINGS & LOANS CREDIT UNION LTD is authorised to provide the Member with account balance information in respect of all accounts currently or at any future time opened in the name of the Member with EASTERN SAVINGS & LOANS CREDIT UNION LTD

(c) EASTERN SAVINGS & LOANS CREDIT UNION LTD is authorised to provide to the Member any or all of the Services which may be accessed and availed of through EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Services in accordance with the Member’s instructions given to EASTERN SAVINGS & LOANS CREDIT UNION LTD through EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service.

5. Information on Account Balances and Statements

5.1 The Member acknowledges that any Account balance quoted through EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service may not include any debit or credit transactions processed or issued following the close of business. The Member accepts that, as the Account balance quoted may contain uncleared transactions, it may be adjusted in the event of non-payment of any such transactions and may not be fully up to date.

5.2 The Member shall carefully examine any account information (including Account statements and balances) received by the Member, or any other information provided by EASTERN SAVINGS & LOANS CREDIT UNION LTD to the Member, through the Members’ Area Service from time to time and shall report any errors or omissions to EASTERN SAVINGS & LOANS CREDIT UNION LTD in writing within 30 days from the date of despatch of such statements or receipt of such information. In the event that no error or omission is reported by the Member within the time specified, EASTERN SAVINGS & LOANS CREDIT UNION LTD shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent EASTERN SAVINGS & LOANS CREDIT UNION LTD or the Members subsequently adjusting information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof.

6. Termination of the Agreement

6.1 EASTERN SAVINGS & LOANS CREDIT UNION LTD may terminate the Agreement and withdraw EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area:

(a) on giving the Member at least 10 Business Days prior written notice;

(b) immediately upon breach by the Member of any of the terms of this Agreement or where there are serious grounds for doing so and provided the Member is informed by notice in writing as soon as is reasonably possible after termination;

(d) if the Member has not accessed EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area in any period of 12 consecutive months; or

(e) if EASTERN SAVINGS & LOANS CREDIT UNION LTD reasonably believes that any of the Members’ Area Services have been used negligently, illegally or fraudulently by the Member, or by a third party as a result of the Member’s negligence or recklessness.

6.2 This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. The Member may terminate the Agreement at any time by giving EASTERN SAVINGS & LOANS CREDIT UNION LTD not less than 10 Business Days prior written notice to that effect, but without prejudice to the Member’s liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.

6.3 Notwithstanding the death or incapacity of the Member all payments made by EASTERN SAVINGS & LOANS CREDIT UNION LTD at the debit of any Account, including the Nominated Account, shall be valid and binding upon the Member and the Member’s estate or legal representative if made prior to the receipt by EASTERN SAVINGS & LOANS CREDIT UNION LTD of written notice of such death or incapacity.

6.4 EASTERN SAVINGS & LOANS CREDIT UNION LTD reserves the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Members’ Area Services. EASTERN SAVINGS & LOANS CREDIT UNION LTD is not responsible for any loss the Member may incur as a result of any transaction not being processed as part of the Members’ Area Services after termination of the Agreement or after any suspension or withdrawal of the Banking Services.

7. Variations of the Agreement

Where EASTERN SAVINGS & LOANS CREDIT UNION LTD is not required to notify the Member otherwise by law, EASTERN SAVINGS & LOANS CREDIT UNION LTD may alter the Agreement from time to time. Any such alteration shall become effective and shall be binding upon the Member 14 days after notice of such alteration has been sent to the Member by any of the following means: through the post, by advertisement published in at least one national daily newspaper, by electronic message through EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Services including by notice on eslcu.co.uk. The Member shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement but without prejudice to any rights or obligations which have arisen prior the termination date, including the Member’s liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.

8. Notices

8.1 Save where expressly provided, any notice required to be given by the Member to EASTERN SAVINGS & LOANS CREDIT UNION LTD in connection with the subject matter of this Agreement shall be given in writing and sent through the post addressed to EASTERN SAVINGS & LOANS CREDIT UNION LTD, 61/63 Austin Street, Ipswich, IP2 8DF

8.2 Save where expressly provided, any notice required to be given by EASTERN SAVINGS & LOANS CREDIT UNION LTD to the Member in connection with the subject matter of this Agreement may be given by any of the following means: through the post, by advertisement published in at least one national daily newspaper or by notice on eslcu.co.uk.

9. Use of Information and Confidentiality

9.1 Subject to the terms of the Privacy Policy, and except to the extent that such disclosure is required under compulsion of law or pursuant to a direction or request issued by the Financial Regulator or other competent statutory or regulatory authority, EASTERN SAVINGS & LOANS CREDIT UNION LTD shall ensure that all confidential personal data of a Member held by EASTERN SAVINGS & LOANS CREDIT UNION LTD in relation to EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Services shall only be accessible to EASTERN SAVINGS & LOANS CREDIT UNION LTD, its agents or a company controlled by EASTERN SAVINGS & LOANS CREDIT UNION LTD and shall be processed or used by them for purposes and in a way compatible with the discharge of EASTERN SAVINGS & LOANS CREDIT UNION LTD’s obligation to the Member under the Agreement.

9.2 The Member shall ensure that all information obtained from EASTERN SAVINGS & LOANS CREDIT UNION LTD by the Member relating to EASTERN SAVINGS & LOANS CREDIT UNION LTD’s operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by the Member in strictest confidence and shall not be disclosed by the Member to any third party unless it is already in the public domain.

10. Intellectual Property

10.1 The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by EASTERN SAVINGS & LOANS CREDIT UNION LTD for the purposes of providing the Members’ Area Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in EASTERN SAVINGS & LOANS CREDIT UNION LTD or its licensors. The Member shall use such material only for the purpose of receiving the Members’ Area Services, as contemplated by this Agreement.

10.2 Save where otherwise specified, the Intellectual Property Rights and contents of all the Website are owned by EASTERN SAVINGS & LOANS CREDIT UNION LTD or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without the prior consent of EASTERN SAVINGS & LOANS CREDIT UNION LTD, other than that a Member may print or download one copy of the contents of the Website for personal non-commercial use.

11. Data Protection

EASTERN SAVINGS & LOANS CREDIT UNION LTD will comply with its obligations under the Data Protection Acts, 1988 and 2003 (as amended from time to time) as regards relevant data in its possession relating to the Member and shall make available for inspection by the Member any information held by EASTERN SAVINGS & LOANS CREDIT UNION LTD about the Member in accordance with those Acts. The Privacy Policy published on the Website from time to time shall apply to the use of personal data relating to the Member and shall form part of this Agreement.

12. Temporary Withdrawal of Service

12.1 In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Service, or where there is a real or potential security risk, EASTERN SAVINGS & LOANS CREDIT UNION LTD shall be entitled, without incurring any liability to the Member, to temporarily suspend the relevant Members’ Area Services or access to EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area Services for such reasonable period as may be required to remedy, address or resolve the system issue.

12.2 Force Majeure: EASTERN SAVINGS & LOANS CREDIT UNION LTD shall not be in breach of its obligations under this Agreement if there is any total or partial failure of performance of EASTERN SAVINGS & LOANS CREDIT UNION LTD’s duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in the transmission of SMS Messages via any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond EASTERN SAVINGS & LOANS CREDIT UNION LTD’s control.

13. Security, Maintenance and Availability

13.1 The Member accepts that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. In consequence EASTERN SAVINGS & LOANS CREDIT UNION LTD cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications.

13.2 From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to:

(a) make certain or all of the Members’ Area Services unavailable to a Member; and/or
(b) delay implementation of any new Services; and/or
(c) withdraw, replace or reissue Membership Numbers, PINs and/or
(d) change authentication procedures or processes for accessing EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area

and while EASTERN SAVINGS & LOANS CREDIT UNION LTD will use reasonable endeavours to minimise any inconvenience caused to the Member the Member accepts that these events may occur and that EASTERN SAVINGS & LOANS CREDIT UNION LTD has no liability to it in the event of this happening. Where EASTERN SAVINGS & LOANS CREDIT UNION LTD changes authentication procedures for accessing EASTERN SAVINGS & LOANSCREDIT UNION LTD Members’ Area then, notwithstanding Clause 11 EASTERN SAVINGS & LOANS CREDIT UNION LTD may introduce these procedures by giving instructions to the Member via the EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area system in respect of which such procedures are being introduced.

13.3 The Member acknowledges that the Members’ Area Services may not be available during the period from 03.00 to 07.00 hours.

14. Agency

14.1 The Member agrees that he/she has entered into this Agreement for his/her own benefit and not for the benefit of another person, and may not subcontract or assign any of his/her rights or obligations under this Agreement. The Member acknowledges that EASTERN SAVINGS & LOANS CREDIT UNION LTD enters into this Agreement for itself and as agent for any member of the EASTERN SAVINGS & LOANS CREDIT UNION LTD where that member of the EASTERN SAVINGS & LOANS CREDIT UNION LTD has an agreement with the Member in respect of a product or service to which the Members’ Area Services that are provided to the Member apply.

15. Help Desk

The Member may contact EASTERN SAVINGS & LOANS CREDIT UNION LTD at EASTERN SAVINGS & LOANS CREDIT UNION LTD on 03336 000690 in the event that the Member requires urgent assistance in resolving a difficulty encountered in relation to EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area and/or information generally in relation to EASTERN SAVINGS & LOANS CREDIT UNION LTD Members’ Area.

16. Governing Law

All relations established by EASTERN SAVINGS & LOANS CREDIT UNION LTD with the Member prior to this Agreement being entered into, and this Agreement, are governed by and will be construed with the laws of England, and the courts of England shall have exclusive jurisdiction to resolve any disputes in connection with them.

17. Severability

If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

18. Waiver

Any waiver by EASTERN SAVINGS & LOANS CREDIT UNION LTD of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on EASTERN SAVINGS & LOANS CREDIT UNION LTD’s part to exercise or avail of any right, power or privilege that EASTERN SAVINGS & LOANS CREDIT UNION LTD has or may have, operate as a waiver of any breach or default by the Member.

19. Language

The Agreement and all other documentation which will be provide by EASTERN SAVINGS & LOANS CREDIT UNION LTD to communicate with the Member throughout the duration of the Agreement will be prepared in the English language, and all communications between EASTERN SAVINGS & LOANS CREDIT UNION LTD and the Member will also be conducted in the English language.